Copyright

Group 8
 Group 8 Members
11 Obafemi Praise 44 Nwogu Chidalu

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22 Olasoji Omotayo Obu Chidinma

33 Olubankole Gift 66 Okorie Chinonye

77 Oladapo Boluwatife

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Table of Content
✓WHAT IS COPYRIGHT?
✓OWNERSHIP OF COPYRIGHT
✓DURATION OF COPYRIGHT
✓TRANSMISSION OF COPYRIGHT
✓INFRINGEMENT OF COPYRIGHT
✓REMEDIES OF COPYRIGHT
✓STATUTORY DEFENSES
✓CASE STUDIES

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1
What is Copyright ?
Copyright is a legal right that protects the owner of an
intellectual property from being exploited. The law protects
indiscriminate copying and distribution of an author's work
without the permission of the author. Copyright law in
Nigeria is governed by the Copyright Act 1988 with its
amendments of 1992 and 1999 which is now re-codified in
the Laws of the Federation of Nigeria 2010. According to
Babafemi 2007, the primary function of Copyright under the
law is to protect from annexation the fruits of a person's
work. The law specifically states that the concept of fair use
can be invoked for purposes of research, private use,
criticism, or review of the reporting of current events.

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Copyright in a work shall be the exclusive right to control the
doing in Nigeria of any of the following acts, which are in the
case of a literary or musical work, to do and authorize the doing
of any of the following acts;

✓ Reproduce the work in any material form

✓ Publish the work
✓ Perform the work in public
✓ Produce, reproduce, perform or publish any translation
of the work
✓ Make any cinematograph film or a record in respect of
the work, and so on….

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2
The Ownership of
Copyright
The following are the types of individuals,
companies, and so on, that can claim copyright
ownership:
• An individual who is a citizen of, or is domiciled in Nigeria.

• A body corporate incorporated by or under the laws of Nigeria.

• A person whose work, being a literary, musical or artistic work or a

cinematograph film, is first published in Nigeria.

• A person whose work is made by or under the direction or control of

the Government, a State authority state or a prescribed international
body.

• Author is the copyright owner: as a general rule, the initial owner of

the copyright is the person who does the creative work. If you wrote the
book or took the photograph, you are the copyright owner.

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• Employer may be the copyright owner: if you created the work
as an employee, acting within the scope of your employment, the
work may be a work made for hire. In that event, the copyright
owner is the employer.

• Copyrights can be transferred: the law may make you or your

employer the copyright owner, but the law also allows the owner to
transfer the copyright. With a written and signed instrument, your
employer can give you the copyright.

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Duration of Copyright
✓ In the case of anonymous or ✓ While rights for
pseudonymous literary, musical cinematograph films,
or artistic works the copyright photographs, sound recordings
therein shall subsist until the end and broadcasts last for 50
of the expiration of seventy years years from the end of the year
from the end of the year in which in which the work was first
the work was first published: published.
Provided that, when the author
becomes known, the term of
copyright shall be calculated in
accordance with paragraph 1 of
the First Schedule to this Act.
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Transmission of Copyright
 The law allows for the transmission of
copyright.

1) Subject to the provisions 2.) An assignment or 3.) No assignment of

of the Copyright Act, Section testamentary disposition of copyright and no exclusive
10; copyright shall be copyright may be limited so as licence to do an act the doing
transmissible by assignment, to apply to only some of the of which is controlled by
by testamentary disposition acts which the owner of the copyright shall have effect
or by operation of law, as copyright has the exclusive unless it is in writing.
movable property. right to control, or to a part
only of the period of the
copyright, or to a specified
country or other geographical
area.

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4.) A non-exclusive licence to
do an act the doing of which
is controlled by copyright
may be written or oral, or
may be inferred from 5.) An assignment or licence
conduct. granted by one copyright
owner shall have effect as if
granted by his co-owner also,
6.) An assignment, licence or
and, subject to any contract
testamentary disposition may
between them, fees received by
be effectively granted or
the grantors shall be divided
made in respect of a future
equitably between all the co-
work or an existing work in
owners
which copyright does not yet
subsist; and the prospective
copyright in any such work
shall be transmissible by
operation of law as movable
property.

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5
Infringement of Copyright
 According to Section 14 of the Copyright Act,
copyright is infringed by any person who without the
licence or authorization of the owner of the copyright:

a) Does, or causes any other b) Imports or causes to be

person to do an act, the doing imported into Nigeria any copy
of which is controlled by of a work which if it had been
copyright; made in Nigeria would be an
infringing copy.

d) Distributes by way of trade,

c) Exhibits in public any
offers for sale, hire or otherwise
article in respect of which
or for any purpose prejudicial to
copyright is infringed.
the owner of the copyright, any
article in respect of which
copyright is infringed.

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e) makes or has in his F) permits place of public entertainment
possession, plates, master or of business to be used for a
tapes, machines, equipment performance in the public of the work,
or contrivances used for the where the performance constitutes an
purpose of making infringement of the copyright in the
infringed copies of the work, unless the person permitting the
work; place to be so used was not aware, and
had no reasonable ground for suspecting
that the performance would be an
infringement of the copyright;

g) Performs or causes to be performed for the purposes of trade or

business or as supporting facility to a trade or business, any work
in which copyright subsists.

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Actions for Infringement
•According to Section 15 of the Copyright Act,
infringement of copyright shall be actionable at the suit of
the owner, assignee or an exclusive licensee of the
copyright, as the case may be, in the Federal High Court
exercising jurisdiction in the place where the
infringement occurred; and in any action for such an
infringement, all such relief by way of damages,
injunction, accounts or otherwise shall be available to the
plaintiff as is available in any corresponding proceedings
in respect of infringement of other proprietary rights.

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• Where an action for infringement of copyright brought by
the copyright owner or an exclusive licensee relates to an
infringement in respect of which they have concurrent
rights of action, the copyright owner or the exclusive
licensee may not, without the leave of court, proceed with
the action unless the other is either joined as a plaintiff or
added as a defendant.

• No injunction shall be issued in proceedings for

infringement of copyright which requires a completed
or partly completed building to be demolished or
prevents the completion of a partly completed
building.

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• Where in an action for infringement of copyright, it is
proved or admitted that an infringement was committed
but that at the time of the infringement, the defendant
was not aware and had no reasonable grounds for
suspecting that copyright subsisted in the work to which
the action relates, the plaintiff shall not be entitled
under this section to any damages against the defendant
in respect of the infringement, but shall be entitled to an
account of profits in respect of the infringement,
whether or not any other relief is granted.

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Remedies For
Copyright
Remedies Under Civil Law
The person whose rights have been infringed shall be entitled to an
award of damages, injunction and any other remedies as the court
may deem fit to award in the circumstances.

• Damages: award of monetary compensation to the plaintiff.

• Injunctions: this is basically putting a stop to the infringing act e.g

stopping the publishing of a copyright book by the offender.

• Accounting of profits: this is basically a statement of all the profits

made from the infringing act and handing over such profits to the
copyright owner.

• Delivery of infringing copies or plates or materials used in making

the infringing copies.

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 Remedies Under Criminal Law
✓ Any person who makes or causes to be made for sale, hire, or for the purposes of trade or business
any infringing copy of a work in which copyright subsists; or imports or causes to be imported into
Nigeria a copy of any work which if it had been made in Nigeria would be an infringing copy; or
makes, causes to be made, or has in his possession, any plate, master tape, machine, equipment or
contrivance for the purposes of making any infringing copy of any such work; shall, unless he
proves to the satisfaction of the court that he did not know and had no reason to believe that any
such copy was an infringing copy of any such work, be guilty of an offence under this Act and shall
be liable on conviction to a fine of an amount not exceeding N1,000 for every copy dealt with or to a
term of imprisonment not exceeding five years, or to both such fine and imprisonment.

✓ Any person who, without the consent of the owner, distributes, in public for commercial purposes,
copies of a work in which copyright subsists by way of rental, lease, hire, loan or similar
arrangement, shall be, guilty of an offence under this Act, and shall be liable upon conviction to a
fine of N 100 for every copy dealt with or imprisonment for six months or to both such fine and
imprisonment.

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✓ Any person who sells or lets for hire or for the purposes of trade or business, exposes
or offers for sale or hires any infringing copy of any work in which copyright
subsists; or distributes for the purposes of trade or business any infringing copy of
any such work; or has in his possession other than for his private or domestic use, any
infringing copy of any such work; has in his possession, sells, lets for hire or
distribution for the purposes of trade or business or exposes or offers for sale or hire
any copy of a work which if it had been made in Nigeria would be an infringing copy,
shall, unless he proves to the satisfaction of the court that he did not know and had no
reason to believe that any such copy was an infringing copy of any such work, be
guilty of an offence under this Act and shall be liable on conviction to a fine of N100
for every copy dealt with or to a term of imprisonment not exceeding two years or in
the case of an individual to both such fine and imprisonment.

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✓ The court before which any proceedings are taken whether the alleged offender is
convicted or not, may order all copies of the works, plates, master tapes, machines,
equipment and contrivances in the possession of the alleged offender, which appear,
to be infringing copies, of the works, to be destroyed or delivered up to the owner of
the copyright or otherwise dealt with as the court may think fit.

✓ Where an article has been seized by a police officer or an authorised officer in

connection with a suspected offence under this Act, a court may on the application
of the Attorney-General of the Federation or owner of the copyright in connection
with which such offence is suspected to have been committed, order that the article
be destroyed or delivered up to the owner of the copyright or otherwise dealt with as
the court may think fit, notwithstanding that no person has been charged with the
suspected offence.

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7
Defences for
Infringement of
Copyright
1.) Parody, Pastiche or Caricature
These exceptions are provided for in paragraph (b) of the second
schedule and apply only to literary musical and artistic work as well
as cinematograph films and not to sound recording and broad casts.

A Parody has been defined as a transformative use of a well – known

work for purposes of satirizing, ridiculing, criticizing or
commenting on the original work, as opposed to merely alluding to
the original to draw attention to the later work.

Pastiche is the work of an art, piece of writing, et cetera that is

created by deliberately copying the style of some body/something
else.

Similarly caricature is a funny drawing or picture of somebody that

exaggerates some of their features or a description of a person or
thing that makes them seen ridiculous by exaggerating some of their
characteristics.
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 2.) Fair Dealing
Fair Dealing appears to be one of the most significant and
important exceptions. The exception of fair dealing is not an
open ended exception. According to the provisions of the Act fair
dealing is limited to use of the work in the four clearly stated-
situations namely: research, private use, criticism and the review
or reporting of current events.

3.) Ephemeral Use of Artistic Work

this means using artistic work for a short period in order words
incidental use of artistic works. Ephemeral uses of artistic works
are exempted from copyright control in the following instances;
inclusion in film or broadcast of artistic work situated in a place
that is viewable by the public, reproduction and distribution of
copies of any artistic work permanently situated in a place
viewable by the public, incidental inclusion in a film or broadcast
of artistic work situated in place viewable by the public.

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4.) Use for Educational Purposes and Other Uses

“
These include, collection of short excerpts of work,
approved educational broadcasts, their educational
institutions, reading or recitation of reasonable extracts, use
by government, public libraries and non-commercial
documentation centres, archival use, library copying,
reproduction of unpublished works, reproduction on Braille
for disabled persons. These exceptions are as it affects
broadcasting of works that have already been made
available to the public, news of the day and the
communication to the public of a work in places when no
admission fees are charged.

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8
Case Studies of
Copyright
JOSEPH IKHUORIA V. CAMPAIGN SERVICES LTD

The plaintiff claimed against the defendants, damages for the infringement of his
copyright in a photographic material taken of the plaintiff between July and September
1983. According to the plaintiff, the defendant had wrongful printed, reproduced and
displayed the said photographic material in the newspapers. The Court held that when a
person commissions the taking of a photograph or the painting or drawing of a portrait
or undertakes an engraving and pays or agrees to pay for it in money’s worth and the
work is made in pursuance of that commission, the person who so commissioned the
work is entitled to any copyright in it as an original work. The effect is that the person
who so commissioned the work is regarded as first owner of the copyright, in the absence
of any agreement to the contrary. However, due to a clause that was tendered as
evidence, in the contract of employment, the plaintiff’s claim was not granted.

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NIGERIAN COPYRIGHT COMMISSION V. CVL TECHNOLOGIES LTD.
Copyright Infringement, Possession and Sale of Sound Recordings and Cinematograph Films, Illegal Sale of
Optical Discs — The Federal High Court had to decide on the three-count charge of possession, making for sale
or for trade 350 infringing copies of various sound recordings and cinematograph films and for being in
possession of one thousand, three hundred and fifty infringing works in compact discs format in which copyright
subsists in favour of various local and foreign artists. The accused, CVL Technologies Ltd, were a registered
optical disc plant company in Nigeria. They were charged before the Federal High Court in Lagos in 2009 on a
three-count charge of making for sale or for trade and business, three hundred and fifty (350) infringing copies
of assorted sound recordings and cinematograph film works; being in possession of plates, master tapes,
stampers, machine, equipment or contrivances for the purpose of piracy; and also being in possession of one
thousand, three hundred and fifty infringing works in compact discs (Audio CD’s and VCD’s) format in which
copyright subsists in favour of various local and foreign artists. The accused pleaded guilty to all charges.
JUDGEMENT
The accused was convicted by the Federal High Court in Lagos on all three counts. Justice Molokwu, delivering
judgement on January 23, 2012 in an amended charge No. FHC/L/268C/2009, convicted the accused and
imposed a fine of N114,000.

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NIGERIAN COPYRIGHT COMMISSION V. STANLEY NWANKWO

Recordings — The Federal High Court had to decide on whether or not the accused was
guilty of the charges of breach of Section 20(2)(a) and (c) of the Nigerian Copyright Act
CAP C28 Laws of the Federation of Nigeria for the sale and possession of 504 infringing
copies of local and foreign movies in DVDS and CD formats.

FACTS
The accused was charged on count one for breach of Section 20(2)(c) of the Nigerian
Copyright Act, CAP C28 Laws of the Federation of Nigeria, for being in possession (other
than for private use) of 504 infringing copies of local and foreign movies and music in DVD
and CD formats. The accused was also charged with breach of Section 20(2)(a) of the
Copyright Act i.e. offering for sale 504 copies of copyright infringing optical discs works in
DVDs, VCDs and CDs.

JUDGEMENT
On February 27, 2012, Honourable Justice B.B. Aliyu of the Federal High Court in Abuja
convicted the accused of the two-count charge and sentenced him to six months
imprisonment with an option of N50, 400 fine.

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Thanks!
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